Johnson v. State, 84-520
| Decision Date | 09 November 1984 |
| Docket Number | No. 84-520,84-520 |
| Citation | 458 So.2d 850 |
| Parties | Luvenia JOHNSON, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Jerry Hill, Public Defender and W.C. McLain, Asst. Public Defender, Bartow, for appellant.
Jim Smith, Atty. Gen., Tallahassee and Theda James Davis, Asst. Atty. Gen., Tampa, for appellee.
Luvenia Johnson entered into a plea bargain with the state for a term of four years in prison. She was convicted of forgery, uttering a forged instrument, and violating her probation and sentenced pursuant to the plea agreement. She now appeals the sentence on the ground that it exceeds the recommended sentence of the sentencing guidelines.
A departure from the sentencing guidelines is clearly warranted when a plea bargain specifies the permissible sentence. Bell v. State, 453 So.2d 478 (Fla. 2d DCA 1984). Because Johnson was bound by her contract, we affirm the sentence.
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Novaton v. State, 91-1248
...the counts against her dropped as part of the plea negotiations"), cert. denied, 353 So.2d 678 (Fla.1977); see also Johnson v. State, 458 So.2d 850, 851 (Fla. 2d DCA 1984) ("Because Johnson was bound by her contract, we affirm the sentence."); Bell v. State, 453 So.2d 478, 480 (Fla. 2d DCA ......
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Mann v. State, 93-436
...is bound. See Novaton v. State, 610 So.2d 726 (Fla. 3d DCA 1992); Madrigal v. State, 545 So.2d 392 (Fla. 3d DCA 1989); Johnson v. State, 458 So.2d 850 (Fla. 1st DCA 1984); Bell v. State, 453 So.2d 478 (Fla. 2d DCA 1984). The appellant having accepted the benefits of his contracts cannot be ......
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Davis v. State, 86-1680
...was entered pursuant to a plea agreement, however, we find the need for such written reasons has been obviated. See Johnson v. State, 458 So.2d 850 (Fla. 2d DCA 1984); Green v. State, 460 So.2d 378 (Fla. 2d DCA 1984). See also State v. Rhoden, 448 So.2d 1013 We, therefore, affirm the convic......
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State v. Esbenshade, 85-2826
...when there is a plea bargain which specifies the permissible sentence. Bell v. State, 453 So.2d 478 (Fla.2d DCA 1984), Johnson v. State, 458 So.2d 850 (Fla. 2d DCA 1984). However, in the instant case this otherwise valid reason was not clearly reduced to writing as required by State v. Jack......